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HomeMy WebLinkAbout1956-08-07; City Council; MinutesI '0 "4 i-3 fc 5 I I JL adofited. Resolution #212, urging the U. S. Government to give priority to. Carls- bad Harbor for engineeri.ng by Army Engineers, was read. Cmn. Robinson moved.. the adoption- of Resolution #212. Seconded. by Cmn. Helton. Five ayes, no nays, resolution adopted. Proposed Ordinance #8007, repealing Ordinance #BOOS, and adopting the t'niform Building Code, 1955 Edition, was explained by City Attorney . Smith as making very little change in building regulations from the present ordinance. He stated it had been adopted by over 500 Cities. Euring discussion, the City Attorney recommended that the Council give consideration to establishing fire zones in the City of Carlsbad, which would involve merely drawing a map, indicating on same the fire zones, and attaching the map to the ordinance and adopting it by refer- ence. Fire Chief Kardin commented that every City in the County except Carlsbad has fire zones. The City Attorney also stated that Mr. Ewald would like to have the Council consider adoption of the Western Plumb- ing Code. Cnn. Robinson expressed himself as being strongly in favor of adopting the T?estern Plumbing Code, and felt that other plumbers should be contacted as to their ideas. After some'discussion, Cmn. Iielton was asked to arrange a conference of plumbers working in the City to discuss the matter, with City Manager Nelson and Mr. Bwald sitting in. It.was decided to defer action on proposed Ordinance #8OO7 until the next meeting to give an opportunity for Mr. Nelson and HI?. Ewald to con- fer on same. After a 20-minute recess, the Council was reconvened at 9:45 P. 1.1. Mr. h'elson summarized a letter from Fred and Carol Huntington soliciting City assistance in accomplishing an extension of the sewer to their property on Magnolia Avenue just east of Pi0 Pic0 (Lot 1-3, Block B, Re- subdivision of Alles Avocado Acres) stating that they are willing to pay the line cost for their 1251 frontage but that efforts to interest ad- jacent owners in extending the sewer had been unsuccessful. After dis- cussion, Cmn. Robinson moved the adoption of Resolution #213, that the City co-operate with Mr. and Mrs. Fred Huntington in their effocts to accomplish extension of .the sewer to their property on Magnolia Avenue. Seconded by Crnn. Ledgerwood. Five ayes, no nays, resolution adopted. CEA. Robinson moved approval cf the bills,,in the amount'of- $7,495.51, up to and including July 17, 1956, as certified by the Director of Fi- nance and approved by the Auditing ,Committee. Seconded by Cmn. Baird. All ayes, motion carried. Cmn. Robinson moved ratification of payment of 'the payroll for the first half of July, 1956, as certified by the Director of Finance and approveid by the Auditing Committee. Seconded by.Cmn. Baird. All ayes, motion carried. Referring back to the Fire Department request to add to their budget the cost of a new refrigerator, Chief Hardin estimated that an appliance of the type required, with considerable freezer space, can be purchased for $200.00. After discusston, Cmn. Robinson moved the adoption of Resolu- tion #214, to include in 'the budget of the Fire Department the purchase of a refrigerator, in the amount of '$200.00 or less. Seconded by Cmn. Helton. Five ayes, no nays, resolution adopted. There was further discussion on the proposed 1956-57 budget, but action was deferred to a later meeting. The meeting was declared adjourned at 11:45 P. M. .* v Respectfully submitted, /sgd/-M. 0. EWALD, City Clerk """""""""""""".""""- MINUTES OF REGULAR MEETIKG OF CARLSBAD CITY COUNCIL August 7, 1956 Meeting called to. order at 7:05 P. If. by Mayor Castorenac Present be- sides the Mayor were Councilmen Robinson, Ledgerwood, Helton, Baird; City Eianager Nelson; City Attorney Smith; Director of Public Works An- thony; Police Chief Palkowski; and Fire Chief Hardin. :I Cmn, Helton moved approval of the minutes of the meeting of July 17, 1956, as written. Seconded by Cmn. Robinson. All ayes, motion car-- ried. WRITTEN~CORREST'ONDENCE. City Manager Nelson read a letter from Mr, John K. Garner, co-owner of Town Square, requesting diagonal parking on the west side of Carlsbad Boulevard between Grand and Elm Avenues, to correspond with the angle parking on the east side of the street. Kr, Nelson reported that Gordon Whitnall & Associates, planning con- sultants, recommended that the angle parking on Carlsbad Rlvd., be not expanded, also' reminding the Council of the Division of Highways9 reg- ulation that no gas tax funds may be expended on any street where dia- gonal parking is permitted. The Council felt it would seem discfiimin- atory to disal1.0~ ?Ire Garner's request, in view of the angle parking across the Boul-evard, also in view of the fact that parallel parking could again be invoked if the change proved unwise. Cmn. Robinson- moved that the City Attorney be instructed to prepare an ordinance changing the west side of Carlsbad Boulevard between Elm and Grand Avenues from parallel to angle parking.. Seconded by Cmn'. IIelton. All ayes, motion carried, City Manager 1:elson summarized a letter from the Carlsbad Mutual Water Company, addressed to all shareholders, conveying a request of the Roymar Land Company that, certain secondary drilling rights on land proposed to be subdivided by the Roymar Land Company be relinquished for a considerattion of $5000,00, Mr. Nelson stated that although the City is not a. shareholder, it was requested that the Council go on record as either favoring or not favoring the proposal. Cmn. Robinsom explained that the request is to release the existing blanket drilling rights and restrict them to streets, alleys, parking lots, etc., and that %he engineer and attorney forthe Water Company both advise that there is no realson why the request should not be granted. After some discussion, the! City ?Tanager was instructed by common consent of the Council to signify the City's approval of the proposal. PLAHNING COKMISSION Planning Commission terms or conditions * City Eanager Nelson read a recommendation of the that the Council establish a policy setting forth under which they will accept dedication of streets from individua1.s offering same. Mr. Louis F. Gaus, 3162 Jefferson, and his son-in-law, William Bond, were present and explained a proposal submitted to thle Planning Commission to offer the City a 50-foot unim- proved street between Buena Vista and Knowles, running from Jefferson to Davis, legally described as Lot 6 of Blocks A, B and C, Sunnyslope Tract Resubdivision. Discussion was deferred until later in the meet- ing. XEARING - MARRON REQUEST. Mr. Nelson read Notice of Public Hearing on the request of Abe Marron for change in Certificate of Necessity and Convenience to permit collection of trash once weekly instead of twice weekly. Letters of protest-were read, as follows: (1) from Mrs. James Farrell, 160 Sequoia, and (2) from six householders in North Jefferson Street area, all requesting that the twice-weekly coll-ection be retained for health and sanitation reasons,- Councilm3n reported several protests based on the same reasons. k!!. Nelson pointed out that both Oceanside and San Diego have weekly trash collection; and that the twice-weekly garbage collection would remain in effect. Mr. Xarron was present +in support of his request and stated he fel-t the change in schedule would result in more efficient service. After discussion; Cmn, Robinson moved that the request of Abe-Marron for change in trash collection schedule to once weekly be granted on a 60-day trial basis, beginning September 1, 1956. Seconded by Cmn. Baird. All ayes, motion carried. GAUS OFFER CF S'TREET. Referring back to the Gaus-Bond offer of street dedication, the City Attorney stated that the Council could consider an acceptance conditioned upon an improvement district being formed, but that an acceptance could not be recorded with conditions until the con- ditions have been met., Mr. Gaus stated he and the other property owners would be willing to.put in the sewer and water lines. There was consid- erable discussion, all Councilmen feeling that some answer must; be found to similar situations existing all over the City so that property now growing up in weeds might be developed. At the Counci19s sugges- tion, Mayor Castorena appointed a cornmittee consisting of Cmn. Iielton as Chairman, Crnn. Ledgerwood, City Attorney Smith, .the City Manager, and the Public Works Director, to study Mr. Gaus' proposal and bring in a report at the next Council meeting.' It was suggested that Mr, Gaus and Mr. Bond meet with the Committee; also that Mr. Kay Kalicka be asked to attend if available. LEDGERWOOD REQUEST FOR VARIANCE. Memo from khe Planning Commission was read, rec,ommending that the application of Charles B. Ledgerwood for variance to permit reduction in side yard setback from 5 to 4 feet on Lots- 6. and 7, Block G, Palisades, to allow construction in accordance with other development in the area, be grantqd, subject to the condi- tion that a plot plan for development of the lots be approved by the Planning Commission prior to the issuance'of a building permit. After discussion, Cmn. Baird moved that- the recommendation of the Planning Commission be accepted and the variance granted. Seconded by Cm. Rob- inson. Four ayes, no nays, one abstaining (Ledgerwood) motion carried. w HARBOR COMMISSION. Mr. Nelson read a copy of letter from the Chamber of Commerce, dated August lst, addressed to the Harbor Commission, urging that the City press for a 30- or 40-year lease of the upper Agua Hedion- da"1agoon area, wi.thout's termination cl.ause, assuming," if' necessary, certain maintenance obligations. City Attorney Smith stated he has an ' appointment on. Thhsiiay, August 9th, at 2:OO P. Mot with Mr. Sherwin for further discussion of the proposed lease. Max Ewald reported that Mr. Owens had telephoned re: the lease, displaying some curiosity. Mr. Ewald reported on the meeting in Sacramento on Monday, August 6th, OK , small boat harbor development, stating that as the various counties and cities made their recommendations and told what they had done, it became apljarent that Carlsbad was very foresighted in ordering the preliminary XI engineering on the lagoon. He skated the whole theme was differentia- -s( tion between harbors of refuge and harbors of recreation; that recreation fl harbors produced more revenue but harbors of refuge serve a distinct CT. nr ' purpose. It was pointed out that since it would be impossible to get 3 the whole plan into shape before the legislature meets in January, the only alternative would' be to take the 1947 Army Engineers' plan and ab- tempt to get it through the legislature. Mr. Ewald stated he believes the next meeting will be on financing; that everybody seemed interested in getting the program out of the planning stage and into the financing state. Mr. Nelson reported that at last accounts the County had authorized the writing of the contract with Mr. Patterson.' Mr. Ewald recommended that the Council pass"a resolution urging the Com- mittee to establish the priority of the harbors to be considered first, so that some progress can be made at this session of the legislature, He stated he will meet with the Harbor Commission and ask them to make a I ~ recommendation to this effect. PARK 6 RECREATION COMMISSION. A letter from the Carlsbad Elementary School District was read, offering for sale the back end of school prop- ertfes on Jefferson Street, and requestiiig a prompt reply, Mr. Nelson reported that Mr. Kalicka felt it would be a good acquisition for a park, next to an elementary school, but the reaction of the Park 6 Rec- reation Commission was not too favorable; they felt the City should not spend too much money for it -- that they would rather expend the funds for possible acquisition of lagoon property, or development of some other park. After some discussion, the City Manager was instructed to write the District a letter asking them for their very best proposition. Mr. Nelson read a letter from the Park b Recreation Commission recommend- ing a negotiated settlement' of $750 .OO for the unauthorized removal of the two trees from City property in front of the Royal Palms, suggesting that the money could be used to beautify the west side of the Boulevard south of Elm, along the entire block . He stated Mr. Westree, Park Sup- erintendent, had recommended hibiscus and oleander at a cost of $300.00, ti, 'be planted against the wall by Mr. Felt and maintained by him. The Council expressed some doubt as to the feasibility of the maintenance plan but by common consent authorized Mr.Nelson to contact Mr. Felt and see what can be worked out. I Mayor Castorena submitted for approval of the Council two new appoint- ments to the Park and Recreation Commission replacing Mr. Huntington and Mrs. Christiansen, whose terms expire August 8th; reappointment of Mr. Huntington for a term 'of four years, and the appointment of Mrs. Lena Sutton for a term of four years, both terms expiring August 8, 1960. Cgn. Helton moved that the appointments of Fred Huntington and Lena Sutton to the Park and Recreation Comm&ssion, both for four-year terms, be confirmed by the Council. Seconded by Cmn, Baird. All ayes, notion carried. After a 15-minute recess, the Council was reconvened at 9:30 P. M. ), I .. POLICE DEPARTMENT,. Chief' .Palkowski reported that beginning Wednesday, August 8th, the Dog Control program will be augmented,.by a weekly pick- up of stray or r0ainin.g dogs by the Department, .by means of a four-. section cage built to fit into a pick-up truck. The Police Department report<-was submitted, as foslows (July, 1956): Arrests. ........... -9 Accidents ........... .15 Traffic citations ....... 86 General cases ......... 197 FIRE DEPARTMElNT. City Manager Nelson stated that Fire Chief Hardin would like to attend :the .annual conference of Inter-Mottntain Association of Fire Chiefs in Sacramento on August 21 through 24, at an approximate cost of $100.00, After a brief discussion, Cmn. Robinson moved that the Fire Chief be authorized to attend the four-dag conference of Fire Chiefs in Sacramento, allowing expenses'up to $100.00, Seconded by Cmn. Helton. All ayes, motion carried. , , The Fire Department report for July, 1956, was read, as follows: Fires .............. 11 Resuscitator calls ...... 3 Attendance at alarms. ..... 12 Drill meetings ........ 4 Business meetings ........ 1 Attendance at meetings .... 15 7-9-56 - OCD Truck #87 returned to Carlsbad' from exhibit at Del Mar Fair. 7-16-56 - State Board of Education Fire '. Training course completed. All members of the Fire Department successfully passed all examinations and will re- ceive certificates of course completion by mail.. MISCELLANEOUS BUSINESS. Mr. Nelson commented that two business firms who have not paid either business licenses or sales tax have been warn- ed of possible (action to be taken against them.. Kr. Nelson repolrted on me&ings with Oceanside, County and State offi- cials to discusis ways and means for abatelnent of the mosquito menace on Buena Vista :Lagoon, at which it had been decided to lower the level of the lagoon alpproximately one foot, which would result in drying up ' some large breetding areas. Mrs. Keith, property owner of the area, was contacted and'agreed to call a meeting of the Board of Directors of the Buena Vista Lagoon Association to discuss the proposal, and further ac- tion awaits permission of the Owners to lower the water level. The City Manager was instructed to pursue the matter vigorously. PUBLIC WORKS DEIPARTMENT. Mr. Anthony reported on the progress of the sewer extension subscriptions for the Elm-Elmwood-Basswood-Pine-Oak ' area, reconmepiding that in view ofthe poor co-operation on Oak Avenue, that section of the program be dropped for the present, although in his opinion it would be a precarious are@ in event of a wet season.. He . asked authorizakion to advertise for bids for approximately 4000 feet of sewer construction, with the Oak Avenue section to be included in an alternate. bid. After discussion, Cmn. Helton moved the adoption of Res- olution #215 instructing the City Attorney to prepare a Resolution call- ing for bids on the construction of sewer lines in the area discussed. Five ayes, no nays, Resolution adopted. City Manager Nellson pointed out that the City's contract with Leo Wil- liams on sewer connections will expire on September 2nd . There. was some discussion as to a possible change of method of charging for connections, some favoring a flat rate basis as being more equitable, but it was gen- erally agreed tllat such a revision would require study and must await such time as the City would be doing the work. The City Manager was in- structed to advtartise for bids for contracting sewer connecti0.n work. Mr. Nelson asked the Council about entering into a contract with new homeowners re: connecting to the sewer when and if accessible, in cases where the Health Department allows a'cesspool and septic tank during the interim peritad before sewer connection is available. ' It was decided that a form of agreement should be worked out and mimeographed. .- '< I 3 -4 ra # 4 d -r, d I I. 1 The -requ.est of Fred Huntington and that of William Baldwin for assistance in wor.king. out sewer ektension to their respective-pproperties (on Mag- nolia Avenue and Palm Avenue) was discussed. It was brought out that the project. would require City contribution of approximately $625.00 in each case. The City Nanager was authorized to get informal bids on both and see what can be worked out. Or Mr. Nelson read a report from the State Board of Equalization estimating that Carlsbadts share of sales tax would be $29,560.00 if the State does the collecting. - The City Attorney presented copies of a proposed ordinance adopting the Western Plumbing Code by f'eference, briefly summarizing and explaining changes from the present ordinance, but no action was taken. .. City Attorney Smith introdaced and summarized a proposed ordinance de- claring unnecessary noises to be a nuisance. He stated the ordinance vas prompted primarily by the growing noise nuisance from motorboats on the lagoon, but was very broad and would .cover most types'of unnecessary noise. - During discussion Chief Palkowski commented that from an enforce- ment standpoint he would 'be in favor of a less inclusive ordinance, poss- ibly emphasizing the motorboat noise as there have been strow' complaints from residents of the lagoon area. Copies were passed to Councilmen but no action was taken. HARBOR COMMISSION.. Mr. Nelson reported that the Harbor Commission had received a letter from the Carlsbad Boat e Ski .Club asking the Council's co-operation in restricting the lagoon to racing on certain dates and times. He stated the Commission has not met since receipt of the letter. Mayor Castorena suggested that an adjourned session be held on Thursday, August 16th, at 8t00 P. M., since it appeared that the Council would be unable to get into the budget discussion at this meeting. It was agreed to do SO. Mr. Anthony asked authority to advertise for a new grader and a mowing machine. He estimated the cost of the grader at $7500.00, less a $2; 000.00 allowance for the old machine, sand the mowing machine at $750.00, or a total of $6250.00 for the two items. Authority was grant- . ed by common consent of the Council. c Mr. Nelson asked the Council to set a policy governing outside employ- ment of City employees, stating he had discussed the matter with depart- ment heads and all had felt .that certainstypes of home occupations . might be permitted, but that any type of work which would place the City employee in competition with licensed contractors or businessmen should be discowaged. He .pointed out that present salaries are at a level which should make outside employment unnecessary, but that exceptions could be made in cases where accidents or emergency medical expenses . cause hardship. Department heads were asked. to express themselves and all ,stated they were in agreement. After some discussion, Cmn. Baird moved that no City employee be allowed outside employment except upon express approval of the City Manager and the employee's Department Head. Seconded by Cmn. Robinson . All ayes, motion carried. In a discussion concerning support of the coming Municipal Water District election, it was suggested by Cmn. Ledgerwood that annexation of the dry lands to the south, to the City of Carlsbad, might inspire voters to. vote for the bonds. Concern was expressed that if a connecting corridor could be established, the City of Oceanside could .in a surrounding mo- tion annex. the dry territory in question. ;Cm. Robinson moved that a . committee be appointed to pursue furtherkhe matter of annexation .of the territory to the south, within the boundaries of the Municipal Water District. ' Seconded by Cmn. Helton. All ayes, -motion carried. Names suggested for the committee were Dewey McClellan, David Baird, Arnold Brilhart; Mayor Castorena stated he will appoint such a committee as soon as possible . Cmn. Baird moved that the Mayor be authorized to issue a proclamation, on a date to be dekermined later, supporting Che bond issue. Seconded by Cmn. I3elton. All ayes, motion carried. City Manager Nelson read Resolution #216, implementing Ordinance .#9050, fixing fees to be imposed for checking plans. Cmn. Robinson moved adop- tion of Resolution #216. Seconded by Cmn. Helton. Five ayes, no nays, none absent, Resolution adopted. Cmn. Baird moved approval of payment of bills to August 7, 1956, amount- ing to $14,959.88, as ceptified by the City Treasurer and approved by 12 the Auditing. Committee. Seconded by Cmn. Robinson. All ayes, motion car- ried. The meeting was adjourned at 11~45 PO M; until Thursday, AUgWtml6th, at 8:OO Po Mo V Respectfully submitted, M; 0. EWALD 9 CITY CLERK ~I"-."~".""-..."""""" - -:.;- - - - - - - - ..) MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY .COUNCIL August 16, 1956 Meeting called to order by Mayor Castorena at '8:OS P. M. Present besides the Mayor were Councilmen- Ledgerwood, Robinson, Helton, Bair'd; City Man- ager Nelson, City Attorney Smith, Public Works Director Anthony, Police Chief Palkowski, Fire Chief Hardin, Civil Defense Director Whipple. Frank Chase, Superintendent of Oceanside-Carlsbad Union High School Dis- brieB~-wes-g~oser~$-an~-~~~se~~e~-~-~em~~e~e-~~~~~e~-~~~~~-~~~~s-~n~-e~- trict, was present and presented a complete picture, using plans and esti- mated figures, of' the Carlsbad High School which is proposed to be opened in September, 195;7. He stated the District now holds title to 29 acres of. the 38-acre site, bounded by Valley, Chestnut, Monroe, and Basswood, and will acquire the balance as fast as it becomes availgble and funds for purchase are on hand, He stated construction is to begin in Septem- ber or October of this year on five units, to accommodate 500 students (expected enrollment in September, 1957, 400 students). The overall mas; ter plan. includes; all facilities, indoor and out, for 1200 students. He outlined with the! aid of floor plans, the classroom, laboratory, cafeter- ia, auditorium a&d field facilities to be built, including very Ipodern features throughout. Floor area, 52,000 square feet, at a total cost of $1,084,000, to be built at this time. Mr. Nelson read ai letter from Mr. .Millington, owner of the property ad- joining the City Hall site on the north, accepting the City's offer of $9500.00 net to hlim for the .466 acre-parcel, including buildings. After some discussion, Cmn. Robinson moved that-the City Manager be 'authorized to sign the necessary escrow papers to consummate the transaction, at a cost of approxirnaitely $9,600,00 including escrow fees. Seconded by Cmn. Baird. All ayes, motion carried. There were some suggestions as to what use the building could be put -- including a temporary site for the li- brary -- and Mr, Nelson stated he would have the Librarian inspect the building to see if it would be suitable, Mr. Nelson reported that he .wrote to the Carlsbad Union Elementary School District, advising them that Mr.Kalicka had recommended that .the City consider making a playground or park out of the property, and asking that they delay sale proceedings until the matter could be studied further; and that they replied that due to their long range plans, it would be necessary for them to go ahead with the proceedings but that they would be glad to meet with the City planning bodies if desired. Mr. Nelson was asked to arrange a meeting between the School District, Councilmen, rep- resentatives from: the Planning Commission and Parks & Recreation Commis- sion, and Mr. Kalicka if available. Eddie and Alice Vasqu,ez, property owners at 2340 Ocean, adjoining the W. D. Garrett lot on which a duplt2x7is under construction which does not comply with the variance granted, were present and asked the Council to take action to stop construction on the building until ordinance and var- iance requirements are met. Mr. Nelson stated,that on a previous corn= plaint Mr. Garrett had been ordered to move the house back three feet and had done so, but had left the garage setting forward the three feet. The Planning Commission minutes of April loth, setting forth the Commission's recommendation to the Council, were read and considerable discussion cen= tered around the intent of the Commission in using the phrase "any por- tion of the structure". Mr. Nelson stated that he, Mr. Ewald, Mr. Anth- ony, and City Attorney Smith had taken measurements, determining that "the front foundation of the house sets back 7$ feet from the curb, in conform- ity with the terms of the variance, but that the garage projects three feet closer to th,e curb. The Vasquezl argued that the builder was viola- ting the terms of the variance in not complying "substantially" with the plot plan submitted. The City Attorney stated that the variance, once given, constitutes a vested property right and as such could not be re- voked, but that it could be conditionally amended,